Appeal 2007-2174
Application 10/751,614
would understand that identification of a player would be the type of
information that could be placed into the transponder. Second, the
requirement that the chips be played in a card game is a statement of
intended use, and not a patentable limitation, as the claims are drawn to the
chips per se. Moreover, again, the ordinary artisan would have understood
that the chips could be played in any type of game, such as a card game.
“When there is a design need or market pressure to solve a problem and
there are a finite number of identified, predictable solutions, a person of
ordinary skill has good reason to pursue the known options within his or her
technical grasp. If this leads to the anticipated success, it is likely the product
. . . of ordinary skill and common sense.” KSR, 127 S. Ct. at 1742, 82
USPQ2d at 1397.
CONCLUSION
In summary, we find that the Examiner has set forth a prima facie case
of unpatentability, and the rejection of claims 21, 23, 24, 26-28, and 30-40
over the combination of Rendleman and Busch is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
KIS
WEIDE & MILLER, LTD.
7251 W. LAKE MEAD BLVD.
SUITE 530
LAS VEGAS, NV 89128
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